THE LEGAL STATUS OF THE
TERRITORIAL
SEA
Section: Part II, Articles 2-33

The
actions of states, whether on a national or an international
scale, are based on the principle
of sovereignty. When two or more sovereign subjects of
international law meet, questions of jurisdiction arise, i.e.,
who has the right and obligation to act. The main purpose of
the Convention is to define and regulate such questions
relevant to the sea. A central point in this respect concerns
how far from the coast the influence of a coastal state
extends.

Figure enlargeable (also below)

For
the average person, the sea begins at the beach, the coastline
of the mainland, where realization that another world begins
is unavoidable: a different environment of wind, waves, tides,
special means of communications, fishing, and so on. This
perception of the sea is almost identical with that part of
the planet which the Convention seeks to regulate. However,
the Convention does not necessarily see the natural coastline
as the limit of the sea; instead, an artificial line, the
baseline, is drawn, as will be described in the next section.
Within this artificial line all water areas (which are known
as internal waters), the mainland, and islands are not subject
to the Convention, and the state can exercise its sovereignty
as provided elsewhere in international law.

Adjacent
to this baseline is a belt of sea known as the territorial sea,
which falls within the area governed by the Convention. Every
state can establish a territorial sea with a maximum breadth
of twelve nautical miles, measured from the baseline[1].
Nonetheless, the importance of the Convention for this area is
somewhat lessened by the fact that the Convention itself
declares that the sovereignty of the coastal state extends
over the territorial sea, including the air space over the sea
as well as its bed and subsoil[2].
This also applies to archipelagic waters[3].The
sovereignty of a coastal state as well as that of an
archipelagic state[4]
is limited only by the fact that this sovereignty must be
exercised in accordance with the Convention and with
international
law[5].
However, the Convention retains precedence with respect to
matters of navigation which are of considerable importance:

The
Convention also retains precedence in pollution matters,
requiring states parties to protect and preserve the marine
environment[6]
in particular by controlling

(1)
Pollution from land-based sources (Article
207),

(2)
Pollution from sea-bed activities (Article
208),

(3)
Pollution by dumping (Article
209), and

(4)
Pollution from and "through the air (Article
210),

and
holds the coastal state responsible for the fulfilment of its
international obligations[7].
There
are some further regulations imposing limits on the state's
sovereignty, but they are generally of less importance[8].

The
Convention jurisdiction thus described is subject to
compulsory dispute settlement provided by the Convention[9].

Further
Readings
:
-
Territorial
Sea
. (Commentary)
-Internal Waters,
‘Historic Bays’ and Ports. (Commentary)
- The Reasons for International Maritime Conflicts. (Introduction) - The I and II UN Conferences on the Law of the
Sea. (Introduction)

More than 15 years ago FAIRPLAY PUBLICATIONS Ltd, Coulsdon,
Surrey, England, published the book "Bernaerts' Guide
to the Law of the Sea - The 1982 United Nations
Convention". The guiding potential of the book to find
access to the Law of the Sea Convention is still given.
Internet technology and publishing on demand invite to
provide the interested reader and researcher with this tool
again. Only the Status of the Convention (ratification etc)
has been updated and instead of the Final Act, the book
edition includes the "Agreement relating to the
Implementation of Part XI of the United Nations Convention
of the Law of the Sea" of 1994. The corresponding web
site neither includes the text of the 1982 Convention, nor
the Agreement of 1994. The thorough Index of the 1988
edition is reproduced without changes.

Arnd Bernaerts,
October 2005,

Comments
1988-1990

___"an
invaluable guide to the understanding and implementation of
the 1982 United Nations Convention on the Law of the Sea"

Satya N. Nandan,
U.N. Undersecretay, in: Book Foreword, 1988__"clearly
presented"R.R.
Churchill, in: Maritime Policy & Management 1989, p. 340__"the
(book's) concept, which is so wonderful simple, is exactly
the factor which makes the book so useful for both the
novice as well as the person with extensive experience"

__"this is
probably the best edition on the Convention to put into the
hands of students"

A.V. Lowe, in:
Int'l and Comparative Law Quarterly 1990, p. 16

__"it will be
an invaluable reference tool and should sit on the book
shelves of policy makers and all others who are involved in
maritime matters"

Vivian I. Forbes,
in: The Indian Ocean Review, May 1990, p.10

Bernaerts’s
Guide to the 1982 United Nations Convention on the Law of the
Sea

FOREWORD
of the 1988 edition
by Satya N. Nandan

Special
Representative of the Secretary-General of the United
Nations for the Law of the Sea Office for Ocean Affairs and
the Law of the Sea

Revolutionary changes have taken place in the International
Law of the Sea since 1945. The process of change was
accelerated in the last two decades by the convening in 1973
of the Third United Nations Conference on the Law of the Sea.
The protracted negotiations, spanning over a decade,
culminated in the adoption of the United Nations Convention
on the Law of the Sea in 1982. By 9 December 1984, the
closing date for signature, 159 signatures were appended to
the Convention, the largest number for any such multilateral
instrument in the history of international relations.

The Convention, which was adopted as a comprehensive package,
introduced a new equity in the relationship among states
with respect to the uses of the ocean and the allocation of
its resources. It deals, inter alia, with sovereignty and
jurisdiction of states, navigation and marine transport,
over flight of aircraft, marine pollution, marine scientific
research, marine technology, conservation and exploitation
of marine living resources, the development and-exploitation
of marine non-living resources in national and international
areas, and unique provisions dealing with the settlement of
disputes concerning the interpretation and application of
the new regime.

There is no doubt that as we approach the 21st century, more
and more attention will be paid to the uses of the oceans
and the development of their resources. It is important,
therefore, that these developments should take place within
a widely accepted legal framework so that there is certainty
as to the rights and obligations of all states. The United
Nations Convention on the Law of the Sea provides that
framework. It establishes a standard for the conduct of
states in maritime matters. It is thus a major instrument
for preventing conflicts among states.

The convention and its annexes contain over 400 articles.
For many it may be a formidable undertaking to grasp the
substance and structure of it without making a considerable
investment in time and energy. Mr Bernaerts' guide,
therefore, is a welcome addition to the growing body of
literature on the convention. It provides a most useful
reference tool which will benefit administrators and policy
makers, as well as scholars. It makes the convention
accessible to the uninitiated and refreshes, at a glance,
the memories of the initiated. With meticulous references
and graphic presentations of the provisions of the
convention, Mr Bernaerts has given to the international
community an invaluable guide to the understanding and
implementation of the 1982 United Nations Convention on the
Law of the Sea.
April 1988

PREFACE
(extract) of the 1988 edition

The reader will be
aware that the 1982 United Nations Convention on the Law of
the Sea is the first constitution of the oceans, a
ground-breaking document in many respects. He or she might
also have made the discovery that the full text of the
Convention is immediately accessible only to experts. If the
Convention were only a treaty consisting of straightforward
technical regulatory provisions, it could be left to them
with a clear conscience. But the Convention is to a large
extent a political document and, as such, is expected to
influence significantly the development of relations among
the states in the world community; for this reason, a
wide-spread knowledge of the scope, goals, and regulatory
framework of the Convention can only serve to further the
aims of the document and would surely follow the intentions
of the many men and women who made this Convention their
life-work, such as Arvid Pardo (Malta), Hamilton Shirtey
Amerasinghe (Sri Lanka), Tommy T. B. Koh (Singapore), and
Satya N. Nandan (Fiji), to name only a few of the hundreds
who worked on the preparation of this Convention.

As the reader uses
the Guide (Part II), he will find that many provisions of
the Convention are much easier to understand if one knows
the basic framework within which a particular regulation is
placed. The Guide aims to provide this framework, with
reference to the text of the Convention and, in addition,
t& the supporting Commentary of Part III, which
describes the overall context of the major terms arid
concepts. The Introduction of Part I sketches the historical
background of the Convention and some of the general effects.
A detailed index at the end of the book will be of
assistance in finding specific subjects.